Agenda and minutes

It was noted that Councillor D Stallan was attending the meeting as Housing Portfolio Holder and not as a Housing Scrutiny Standing Panel member, therefore he had no vote at the meeting.

(Assistant to the Chief Executive)  To report the appointment of any substitute members for the meeting.

The following substitutions were noted:

(a)        Councillor K Angold-Stephens substituted for the former Panel member and Councillor Ms R Brookes;

(b)        Councillor A Boyce substituted for Councillor Mrs S Jones;

(c)        Councillor Ms H Kane substituted for former Panel member D Stallan, present at the meeting as Housing Portfolio Holder;

(d)        Councillor Mrs J Lea substituted for Councillor Mrs A Grigg;

(e)        Councillor B Rolfe substituted for Councillor K Chana; and

(f)         Councillor Ms G Shiell substituted for former Panel member and Councillor B Pryor.

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

Pursuant to the Council’ Code of Member Conduct, Councillor J Knapman declared a personal interest in the following item of the agenda by virtue of having been a member of the Cabinet when the decision on fire safety in Council blocks was made. The Councillor had determined that his interest was not prejudicial and would remain in the meeting for the duration of the discussion and voting thereon:

• Item 6 Call-In Cabinet Decision on Fire Safety in Flat Blocks

To agree the notes of the last two meetings of the Panel held on 5 and 13 March 2012 (attached).

RESOLVED:

That the notes of the last two Panel meetings held on 5 and 13 March 2012 be agreed.

(Chairman/Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. The Terms of Reference only are attached. The Panel are asked at each meeting to review them.

The Panel’s Terms of Reference were noted.

To consider a call-in of the Cabinet’s Decision on ‘Fire Safety in Flat Blocks’ (C-067-2011/12). Call-in papers and report are attached.

The following documents are attached:

(a)        Report submitted to the Overview and Scrutiny Committee on 17 April 2012 – page 21;

(b)        Notification of Call-In – page 25;

(c)        Report to the Cabinet 12 March 2012 – page 27;

(d)        Letter to CLG Rt Hon. B Neill MP 8 July 2011 Appendix 1 – page 36;

(e)        Letter to Councillor J Knapman from Essex County Fire and Rescue Service 18 June 2010 Appendix 2 – page 37;

(f)         Letter to P Pledger, Assistant Director of Housing, from Essex County Fire and Rescue Service 26 December 2011 Appendix 3 – page 39;

(g)        Letter to Councillor J Knapman from Essex County Fire and Rescue Service 2 February 2012 Appendix 4 – page 40;

(h)        Extract from Cabinet Decision Sheet for Cabinet Meeting held on 12 March 2012 – page 41; and

(i)         Overview and Scrutiny Procedure Rules – page 43.

The Panel considered the call-in of a decision by the Cabinet of a Housing Portfolio Holder report (C/067/2011/12) regarding Fire Safety in Flat Blocks made on 12 March 2012. The following reasons for the call-in were given:

(a)        No distinction had been made between 2 storey flat blocks and flat blocks of 3 or more storeys;

(b)        The conditions set in paragraphs 2 and 3 of the Cabinet Decision were too onerous to comply with;

(c)        That in relation to paragraphs 2 and 3 above, the 4 month permitted period should be extended to 2 years, due to the time taken for mains alarms, approved fire doors and other measures taken into place;

(d)        That the Council should remove, free of charge, any non-complying carpets; and

(e)        That residents of 2 storey flat blocks install carpets conforming to BS5287, once all conditions were met.

The Chairman requested that the lead member of the call-in Councillor Mrs J Hart, open the discussion. She began by stating that residents should be safe in their homes, the call-in was not opposed to fire safety measures being undertaken. It was felt that there was no distinction made between 2 and 3 storey flat blocks in the decision, with the four month compliance period being too prohibitive. The Councillor suggested that flats in the district had easy escape routes and advised that fire safety experts had stated that no one could be held responsible for deaths and injuries caused in fires so long as a fire risk assessment had been carried out. In conclusion she thought that the décor of flat communal parts gave home pride to tenants and avoided a drab environment.

The Chairman requested that two other call-in signatories present, Councillors K Angold-Stephens and Mrs C Pond added their comments. Councillor K Angold-Stephens said that in the event of a fire it was extremely unlikely that the Housing Portfolio Holder would be held responsible. The Local Government Association Fire Safety Advice for Flat Blocks stated that there was no evidence for tenants being in danger, deaths from flat fires were less likely to occur than in houses and bungalows. He added that flats were encased in a fire resistant area, it was very rare for anyone outside the flat to die. It was also rare for a fire to originate in the common area. Whilst accepting that the Fire and rescue Service attempted to eliminate all risk, the best housekeeping could only be maintained with the co-operation of residents. Concrete steps were far more dangerous than the hazard posed by carpets in common areas. He concluded by saying that the cost of removing carpets should be borne by the Council. Councillor Mrs C Pond spoke last, she supported the comments made, she said that there should be a more flexible approach regarding safety in maisonettes.

The Housing Portfolio Holder, Councillor D Stallan made his opening statement. He reminded the Panel that he had not been a Cabinet member when this decision  ...  view the full minutes text for item 72.

The following scheduled meetings are listed below:

(a)        Thursday 28 June 2012 at 5.30p.m. Extra-Ordinary Meeting regarding Fire Safety for Park Homes in the Council Chamber;

(b)        Tuesday 24 July;

(c)        Tuesday 23 October;

(d)        Tuesday 29 January 2013; and

(e)        Tuesday 19 March

The following scheduled meetings were noted as follows:

(a)        Thursday 28 June 2012 at 5.30p.m. (Extra-Ordinary Meeting regarding Licences for Park Homes);

(b)        Tuesday 24 July;

(c)        Tuesday 23 October;

(d)        Tuesday 29 January 2013; and

(e)        Tuesday 19 March